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A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward

Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law...

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Main Authors: Mohd Shukri, Muhammad Hafiz, Markom, Ruzian, Ismail, Rahmah
Format: E-Article
Language:English
Published: Universiti Sultan Zainal Abidin 2020
Subjects:
K Law (General)
Online Access:http://ir.unimas.my/id/eprint/30096/1/Full%20Article%20-%20Published.pdf
http://ir.unimas.my/id/eprint/30096/
https://journal.unisza.edu.my/jonus/index.php/jonus/about
http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260
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spelling my.unimas.ir.300962020-07-01T02:37:39Z http://ir.unimas.my/id/eprint/30096/ A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward Mohd Shukri, Muhammad Hafiz Markom, Ruzian Ismail, Rahmah K Law (General) Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law in Malaysia based on the Consumer Protection Act 1999 (Act 599) (hereinafter “CPA 1999”). By applying a doctrinal approach based on qualitative methodology of legal research, this study involved a thorough analysis of the CPA 1999 as well as previous court cases. The findings of this study were analysed using content analysis and critical analysis methods in order to record the similarities and differences which exist, as well as to draw conclusions on the meaning and application of the said law. The findings prove that there are several weaknesses in the existing strict civil product liability provisions in Malaysia, which are still unresolved in terms of the meaning of product defect and proof of causation. This paper recommends that any improvements on the legal provisions for strict civil liability under product liability law in Malaysia to be evaluated from a different perspective based on Islamic principles of product liability and the theory of Maqasid Syariah, which has rarely been analysed. Universiti Sultan Zainal Abidin 2020-06-25 E-Article PeerReviewed text en http://ir.unimas.my/id/eprint/30096/1/Full%20Article%20-%20Published.pdf Mohd Shukri, Muhammad Hafiz and Markom, Ruzian and Ismail, Rahmah (2020) A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward. Journal of Nusantara Studies, 5 (2). pp. 239-260. ISSN 0217-9386 https://journal.unisza.edu.my/jonus/index.php/jonus/about http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260
institution Universiti Malaysia Sarawak
building Centre for Academic Information Services (CAIS)
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Malaysia Sarawak
content_source UNIMAS Institutional Repository
url_provider http://ir.unimas.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Mohd Shukri, Muhammad Hafiz
Markom, Ruzian
Ismail, Rahmah
A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward
description Consumers who suffer from injury or property damage due to the existence of a defect in a given product is entitled to bring a legal action in court based on product liability law provisions in Malaysia. This study aims to analyse the legal problems of strict civil liability in product liability law in Malaysia based on the Consumer Protection Act 1999 (Act 599) (hereinafter “CPA 1999”). By applying a doctrinal approach based on qualitative methodology of legal research, this study involved a thorough analysis of the CPA 1999 as well as previous court cases. The findings of this study were analysed using content analysis and critical analysis methods in order to record the similarities and differences which exist, as well as to draw conclusions on the meaning and application of the said law. The findings prove that there are several weaknesses in the existing strict civil product liability provisions in Malaysia, which are still unresolved in terms of the meaning of product defect and proof of causation. This paper recommends that any improvements on the legal provisions for strict civil liability under product liability law in Malaysia to be evaluated from a different perspective based on Islamic principles of product liability and the theory of Maqasid Syariah, which has rarely been analysed.
format E-Article
author Mohd Shukri, Muhammad Hafiz
Markom, Ruzian
Ismail, Rahmah
author_facet Mohd Shukri, Muhammad Hafiz
Markom, Ruzian
Ismail, Rahmah
author_sort Mohd Shukri, Muhammad Hafiz
title A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward
title_short A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward
title_full A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward
title_fullStr A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward
title_full_unstemmed A Review Of Legal Problems In Malaysian Strict Product Liability Law – Maqasid Syariah As A Way Forward
title_sort review of legal problems in malaysian strict product liability law – maqasid syariah as a way forward
publisher Universiti Sultan Zainal Abidin
publishDate 2020
url http://ir.unimas.my/id/eprint/30096/1/Full%20Article%20-%20Published.pdf
http://ir.unimas.my/id/eprint/30096/
https://journal.unisza.edu.my/jonus/index.php/jonus/about
http://dx.doi.org/10.24200/jonus.vol5iss2pp239-260
_version_ 1672614414269808640
score 13.211869

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